The evolution of legal, clinical and societal perspectives towards people with mental disabilities has led many to question the legality, efficacy and morality of screening Bar applicants for mental disability. The Working Group of Attorney Mental Health recognizes the importance of focusing on a bar candidate’s behavior and conduct to evaluate fitness to practice law and expects that to continue to be the focus of determining an applicant’s fitness to practice law. The Working Group is comprised of representatives from the Young Lawyers Section, the Committee on Disability Rights, the Lawyer Assistance Committee, and the Committee on Legal Education and Admission to the Bar.
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Approved, November 2, 2019
Working Group in the News
New York State Bar Association Creates Blue-Ribbon Wellness Task Force, NYSBA News Release, June 10, 2019
Momentum Builds for Allowing NY Bar Applicants to Keep Mental Health History Secret, New York Law Journal, June 10, 2019
N.Y. Bar Association to Study Mental Health Application Question, Bloomberg Law, June 11, 2019
NY Bar to Reassess Applicant Mental Health Questionnaire, Law360, June 11, 2019
California Bans Inquiries on Would-be Lawyers’ Mental Health, Bloomberg Law, July 31, 2019
Hank Greenberg: Lawyers and Depression, WAMC, October 2, 2019
Federal Judge in NY Focuses on Profession’s Mental Health Problem in ‘Trial-by-Combat’ Case, New York Law Journal, October 25, 2019
NY State Bar Set to Eye Removal of Mental Health Question for Attorney Applicants, New York Law Journal, October 31, 2019
N.Y. Bar Association Calls for Mental Health Question Ban, Bloomberg Law, November 2, 2019
Legislation Introduced to Strike Question About Mental Health History for Attorney Applicants in NY, New York Law Journal, November 4, 2019
State Bar Wants to Stop Mental Health Questions, Daily Record. November 4, 2019
Lawyers Seek Removal of MH Question from Bar Applications, Mental Health Weekly, November 11, 2019
NY’s Law School Deans Ask Court Officials to Remove Mental Health Question for Attorney Applicants, New York Law Journal, December 10, 2019
A new look at character and fitness: Bar leaders, lawyers, other urge elimination of mental health questions, ABA Bar Leader, January 11, 2020
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